DHS wants parents who receive federally subsidized child care to use scanners. Under the program, parents on vouchers would have to scan their fingers twice a day: once when dropping off their kids, and again when picking them up.

Some child care providers said they are already seeing problems with the system.

"I have 25 days which were recorded incorrectly [for] different children, and then I have 15 children who could not scan in or scan out," Kay said.

In a hearing Wednesday, Assistant Attorney General Earl Scales told Judge Denise Owens that DHS should have filed the statement.

Owens ruled DHS must restart rule-making, meaning mid-December -- not Nov. 1 -- is the earliest scanners could be required. Owens also ruled DHS must hold another public hearing.

DHS officials said earlier this month that the scans are necessary to help keep track of taxpayer money.

Kay said the scans discriminate against some families.

"The ones who can pay, they sign in on the left. The ones who need to scan, scan and sign in on the right. Whose business is that?" she said.

DHS spokeswoman Jill Dent said Wednesday that officials will move forward to comply with administrative procedures.

"There is stewardship on our part to make sure providers are doing what they are supposed to do, and we are being responsible for taxpayer money," Dent said.

DHS officials said they expect to hold another public hearing on the issue in the future.

A Justice Department civil rights investigation has concluded that the Ferguson Police Department and the city's municipal court engaged in a "pattern and practice" of discrimination against African Americans.